Class Actions


Osler’s Class Actions Practice Group has successfully defended clients in many of the leading and complex class action cases in Canada. We have an excellent track record in opposing and defeating class certification and winning early dismissals in every major jurisdiction in Canada. Our class action team has broad and deep experience guiding clients through the most complex business-critical challenges. We offer:

  • Risk Mitigation – We work proactively with clients to develop risk-management strategies to avoid claims whenever possible and to be “litigation ready” when claims are commenced. Osler will rapidly mobilize the right team to assist in minimizing the impact of a class action through immediate management of processes and documents, aggressive early assessment and planning, probable risk assessment, budget controls and crisis communications.
  • National Coordinating Trial Counsel – Our lawyers serve in the role of national counsel across Canada and are able to respond to cases simultaneously across the country, including in Québec, where civil rules apply. We have ongoing experience in leading and coordinating multijurisdictional, U.S. and international cases.
  • Unmatched Research Capabilities – The research requirements for effective defence of a class action can be complex and detailed. Osler’s Research Department provides sophisticated support leading to precedent-setting results.
  • Thought Leadership – Our work has been instrumental in establishing leading principles of class action law, including the right of a defendant to defer the filing of a defence until after certification; the right to conduct examinations of representative plaintiffs in aid of certification; the nature of evidence to be filed on certification; the rules regarding solicitation of class members by plaintiff’s solicitors; and the necessity of considering the merits of the claim as part of the certification process.
  • Discovery Management – Our discovery management specialists have extensive experience in delivering customized, cost-effective and efficient discovery solutions in complex multijurisdictional class actions.


  • Facebook, Inc.

    The British Columbia Court of Appeal stayed a proposed privacy class action in Douez v. Facebook, Inc. by enforcing a forum selection clause in favour of the courts of California

  • Cadbury Adams Canada Inc.

    Cadbury Adams Canada Inc. in 14 class actions across Canada arising from a regulatory investigation into the pricing and sale of chocolate confectionary products in Canada.

  • Elpida Memory Inc.

    Elpida Memory Inc. in an indirect purchaser class action related to alleged price fixing regarding DRAM.

  • E.I. DuPont Canada Company

    E.I. DuPont Canada Company in a class action involving pricing and distribution arrangements with independent distributors.

  • Amex Bank of Canada

    Amex Bank of Canada in six class actions alleging various breaches of Québec’s Consumer Protection Act and constitutional challenges.

  • Toronto-Dominion Bank

    Toronto-Dominion Bank in certification appeals and settlement of a class action seeking damages for fees applied to foreign exchange transactions on TD Visa credit cards.

  • Vale Inco Limited

    Vale Inco Limited in a class action on behalf of residents of the City of Port Colborne, alleging property damages related to historic emissions from Inco’s nickel refining activities.

  • Vale Inco Limited

    Vale Inco Limited in a class action arising from an accidental gas emission from one of the company’s facilities.

  • Canada Mortgage and Housing Corporation

    Canada Mortgage and Housing Corporation in a class action relating to pension surplus.

  • General Motors

    General Motors in several class actions commenced by current employees and retirees claiming pension benefits and post-retirement and other benefits and damages.

The Canadian Legal Lexpert Directory ranks Osler as “most frequently recommended” for class actions expertise. Osler is also recognized for Dispute Resolution: Class Action (Defence) in Chambers Global: The World’s Leading Business Lawyers, with one client noting that “they are team-focused, they know our business and they take long-term strategic positions.” Another client says that “the firm is a well-oiled machine and I wouldn't hesitate to recommend them for large country-wide litigation matters."

  • The Canadian Legal Lexpert Directory, 2015, Osler’s Class Actions Group (Toronto), Most frequently recommended.
  • The Canadian Legal Lexpert Directory, 2015, Osler’s Class Actions (Montréal), Most frequently recommended.

  • Walking the Tightrope: How to Manage Risk Today to Prevent Tomorrow's Class Action , Toronto

  • Class Actions

    Class Action Preparedness Brief - Working with a Co-Defendant

  • Class Action Preparedness Brief - Document Management

  • Risk Management

    Class Action Preparedness Brief - Risk Management